Facing the Limits of the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Facing the Limits of the Law write by Erik Claes. This book was released on 2009-04-21. Facing the Limits of the Law available in PDF, EPUB and Kindle. Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Facing the Limits of the Law
Facing the Limits of the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Facing the Limits of the Law write by Erik Claes. This book was released on 2009-02-24. Facing the Limits of the Law available in PDF, EPUB and Kindle. Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Facing Up to Scarcity
Facing Up to Scarcity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Facing Up to Scarcity write by Barbara H. Fried. This book was released on 2020-02-27. Facing Up to Scarcity available in PDF, EPUB and Kindle. Facing Up to Scarcity offers a powerful critique of the nonconsequentialist approaches that have been dominant in Anglophone moral and political thought over the last fifty years. In these essays Barbara H. Fried examines the leading schools of contemporary nonconsequentialist thought, including Rawlsianism, Kantianism, libertarianism, and social contractarianism. In the realm of moral philosophy, she argues that nonconsequentialist theories grounded in the sanctity of "individual reasons" cannot solve the most important problems taken to be within their domain. Those problems, which arise from irreducible conflicts among legitimate (and often identical) individual interests, can be resolved only through large-scale interpersonal trade-offs of the sort that nonconsequentialism foundationally rejects. In addition to scrutinizing the internal logic of nonconsequentialist thought, Fried considers the disastrous social consequences when nonconsequentialist intuitions are allowed to drive public policy. In the realm of political philosophy, she looks at the treatment of distributive justice in leading nonconsequentialist theories. Here one can design distributive schemes roughly along the lines of the outcomes favoured—but those outcomes are not logically entailed by the normative premises from which they are ostensibly derived, and some are extraordinarily strained interpretations of those premises. Fried concludes, as a result, that contemporary nonconsequentialist political philosophy has to date relied on weak justifications for some very strong conclusions.
Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes write by Jennifer Trahan. This book was released on 2020-08-13. Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes available in PDF, EPUB and Kindle. The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
The Right to Do Wrong
The Right to Do Wrong - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to Do Wrong write by Mark Osiel. This book was released on 2019-02-25. The Right to Do Wrong available in PDF, EPUB and Kindle. Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
